Skip to content

Biden v. Sierra Club

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
20-138 9th Cir. TBD TBD TBD TBD OT 2020

Issue: (1) Whether respondents have a cognizable cause of action to obtain review of the acting secretary of defense"s compliance with a proviso in Section 8005 of the Department of Defense Appropriations Act that the secretary"s authority to transfer funds internally between DOD appropriations accounts "may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress"; and (2) whether in 2019 the acting secretary exceeded his statutory authority under Section 8005 by transferring approximately $2.5 billion in response to a request from the Department of Homeland Security for counterdrug assistance under 10 U.S.C. 284, including in the form of construction of fences along the southern border of the United States.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
08/07/2020Petition for a writ of certiorari filed. (Response due September 8, 2020)
09/01/2020Letter of September 1, 2020 from the Acting Solicitor General filed.
09/01/2020Motion of respondents California and New Mexico to extend the time to file a response from September 8, 2020 to September 16, 2020, submitted to The Clerk.
09/02/2020Response to motion from petitioner Donald J. Trump, President of the United States, et al. filed.
09/02/2020Motion to extend the time to file a response is granted and the time is extended to and including September 16, 2020, for all respondents.
09/08/2020Brief amicus curiae of Landmark Legal Foundation filed.
09/08/2020Brief amicus curiae of Rep. Andy Barr filed.
09/08/2020Brief amicus curiae of The American Center for Law and Justice filed.
09/16/2020Brief of respondents Sierra Club & Southern Border Communities Coalition in opposition filed. (Distributed)
09/16/2020Brief of respondents California and New Mexico in opposition filed. (Distributed)
09/17/2020Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
09/23/2020DISTRIBUTED for Conference of 10/9/2020.
09/24/2020Reply of petitioners Donald J. Trump, President of the United States, et al. filed. (Distributed)
10/13/2020DISTRIBUTED for Conference of 10/16/2020.
10/19/2020Petition GRANTED.
11/13/2020Motion for an extension of time to file the briefs on the merits filed.
11/24/2020Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 8, 2020. The time to file respondents' briefs on the merits is extended to and including January 12, 2021.
12/08/2020Joint appendix filed. (Statement of costs filed 5/12/21).
12/08/2020Brief of petitioners Donald J. Trump, President of the United States, et al. filed.
12/15/2020Brief amicus curiae of Landmark Legal Foundation filed.
12/15/2020Brief amicus curiae of The American Center for Law and Justice filed.
12/15/2020Brief amicus curiae of Rep. Andy Barr filed.
12/31/2020SET FOR ARGUMENT on Monday, February 22, 2021
01/06/2021Blanket Consent filed by Petitioner, Donald J. Trump, President of the United States, et al.
01/12/2021Brief of respondents Sierra Club & Southern Border Communities Coalition filed. (Distributed)
01/12/2021Brief of respondents States of California and New Mexico filed. (Distributed)
01/14/2021CIRCULATED
01/18/2021Brief amicus curiae of The Rutherford Institute filed. (Distributed)
01/18/2021Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
01/19/2021Motion for divided argument filed by respondents.
01/19/2021Brief amicus curiae of Rio Grande Landowners Coalition filed. (Distributed)
01/19/2021Brief amici curiae of Defenders of Wildlife et al., filed. (Distributed)
01/19/2021Brief amici curiae of Former Members of Congress filed. (Distributed)
01/19/2021Brief amicus curiae of Tohono O'odham Nation filed. (Distributed)
01/19/2021Brief amici curiae of 87 Religious Organizations filed. (Distributed)
01/19/2021Brief amici curiae of Federal Courts Scholars filed. (Distributed)
01/19/2021Brief amicus curiae of United States House of Representatives filed. (Distributed)
01/19/2021Brief amicus curiae of The Cato Institute filed. (Distributed)
01/22/2021CIRCULATED
01/25/2021Motion for divided argument filed by respondents GRANTED.
01/25/2021Record requested from the U.S.C.A. 9th Circuit.
01/28/2021Record from the U.S.C.A. 9th Circuit electronic and located on Pacer.
02/01/2021Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar filed by petitioners. (Distributed)
02/03/2021Motion to hold further briefing in abeyance and remove the case from the February 2021 argument calendar GRANTED.
04/30/2021Letter from the Acting Solicitor General notifying the Court of the April 30, 2021, memorandum of the Deputy Secretary of Defense, filed. (Distributed)
06/11/2021Motion to vacate and remand filed by petitioners.
06/18/2021Response in opposition to motion to vacate and remand from respondent Sierra Club & Southern Border Communities Coalition filed.
06/18/2021Response to motion from respondents States of California and New Mexico filed.
06/22/2021Reply of petitioners Joseph R. Biden, Jr., President of the United States, et al. filed.
07/02/2021The motion to vacate the judgment is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Ninth Circuit with instructions to direct the District Court to vacate its judgments. The District Court should consider what further proceedings are necessary and appropriate in light of the changed circumstances in this case.
08/03/2021JUDGMENT ISSUED.